Blacks Law Dict. 1st ed

LIFE INSURANCE

720

LIEN

ficers, who are subordinate to others, and especially where the duties and powers of the higher officer may, in certain contingencies, devolve upon the lower; as lieutenant gov ernor, lieutenant colonel, etc. See the follow ing titles. 3. In the army, a lieutenant is a commis sioned officer, ranking next below a captain. In the United States navy, he is an officer whose rank is intermediate between that of an ensign and that of a lieutenant command er. In the British navy, his rank is next be low that of a commander. LIEUTENANT COLONEL. An of ficer of the army whose rank is- above that of a major and below that of a colonel. LIEUTENANT COMMANDEB. A commissioned officer of the United States navy, whose rank is above that of lieutenant and below that of commander. LIEUTENANT GENEBAL. An of ficer in the army, whose rank is above that of major general and below that of "general of the army." In the United States, this rank is not permanent, being usually created for special persons or in times of war. LIEUTENANT GOVEBNOB. In English law. A deputy-governor, acting as the chief civil officer of one of several colonies under a governor general. Webster. In American law. An officer of a state, sometimes charged with special duties, but chiefly important as the deputy or substitute of the governor, acting in the place of th« governor upon the latter's death, resignation, or disability. LIFE. That state of animals and plants, or of an organized being, in which its natural functions and motions are performed, or in which its organs are capable of performing their functions. Webster. The sum of the forces by which death is resisted. Bichat. LIFE-ANNUITY. An engagement to pay an income yearly during the life of some person; also the sum thus promised. LIFE-ESTATE. An estate whose dura tion is limited to the life of the party holding it, or of some other person; a freehold estate, not of inheritance. LIFE INSUBANCE. That kind of in surance in which the risk contemplated is the death of a particular person; upon which event (if it occurs within a prescribed term, or, according to the contract, whenever it oc

the debt is a charge upon the specific prop erty although it remains in the debtor's pos session. Equitable liens are such as exist in equi ty, and of which courts of equity alone take •cognizance. A lien is neither a, jus in re nor a jus ad rem. It is not property in the thing, nor does it constitute a right of action for the thing. It more properly constitutes a charge upon the thing. Equitable liens most com monly grow out of constructive trusts. Story, Eq. Jur. § 1215. Maritime liens. Maritime liens do not include or require possession. The word "lien" is used in maritime law not in the strict legal sense in which we understand it in courts of common law, in which case there <5ould be no lien where there was no posses sion, actual or constructive, but to express, as if by analogy, the nature of claims which neither presuppose nor originate in posses sion. 22 Eng. Law & Eq. 62. The civil law lien. The civil law em braces, under the head of "mortgage and privilege," the peculiar securities which, in the common and maritime law and equity, are termed "liens." As to BAILEE'S LIEN, MECHANIC'S LIEN, and VENDOR'S LIEN, see those titles. LIEN OF A COVENANT. The com mencement of a covenant stating the names of the covenantors and covenantees, and the character of the covenant, whether joint or several. Wharton. LIENOB. The person having or owning a lien; one who has aright of lien upon prop erty of another. LIEU. Fr. Place; room. It is only used with "in;" in lieu, instead of. Enc. Lond. LIEU CONUS. L. Fr. In old pleading. A known place; a place well known and gen erally taken notice of by those who dwell about it, as a castle, a manor, etc. Whishaw; 1 Ld. Baym. 259. LIEUTENANCY, COMMISSION OP. See COMMISSION OF ARRAY. LIEUTENANT. 1. A deputy; substi tute; an officer who supplies the place of another; one acting by vicarious authority. Etymologically, one who holds the post or of fice of another, in the place and stead of the latter. 2. The word is used in composition as part of the title of several civil and military of

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